Merely Because DNA Report Does Not Establish Paternity, Is No Ground For Release On Bail; Bombay HC Rejects Plea Of Accused In Gangrape Of Minor [Read Order]

The Bombay High Court recently held that merely because the DNA report of a child born after a gangrape does not establish paternity of the accused, it does not mean that the accused can be released on bail and rejected the bail application filed by one Vaibhav Ubale, who is accused of raping a minor girl along with two others.

Justice Bharati Dangre heard the 25-year-old's bail application and observed-

"The mere fact that the DNA report does not support paternity is not grounds to release the applicant at this stage. There is every likelihood that he will pressurize the victim girl once being released on bail. The fact that he is a young boy itself is not sufficient to release him on bail, in light of the material collected by the investigating agency against him."

The applicant was arrested in relation to FIR filed against him for the offences punishable under Section 376 of the IPC and Sections 3, 4, 5(G), 5(J)II), 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

After the investigation, a charge-sheet was filed in the Court of District and Special Judge, Pune on September 25, 2019. The accused has been charged under Section 376(d) of IPC along with two other accused persons and also the relevant provisions of the POCSO Act.

Advocates Subhash Karmarkar and Adv Samarth Karmarkar submitted on behalf of the applicant that he has been roped into the said offence without any rhyme and reason. Placing heavy reliance on the DNA report of the child born out of the alleged act of sexual assault which do not trace the applicant as the father of the baby girl, they argued that the DNA report sufficiently absolves the applicant of the act of sexual assault.

The victim delivered a baby girl on November 6, 2018 and since her age at the time of the pregnancy was found to be below 18 years, a Koregaon Park Police station official had made inquiries with her mother. A statement was given by the victim in presence of her mother and member of the Women Vigilance Committee.

The victim was persuading her education in Morris High School Wadgaon Sheri when she was acquainted with a girl named Shraddha. When she was undergoing her 12th Board examination in February-March 2018, she along with her two friends were studying together at Shraddha's house, and there she was introduced to the applicant who was residing in the same locality. On the third day, when she was introduced to the applicant, her friends took her to his house. For some reason, the other two female friends left her alone in the company of the applicant and the applicant took advantage of the situation. His two male friends arrived in his house with some drinking and eating stuff. The applicant offered the victim some soft drink which contained some substance which made her feel sleepy and dizzy. The applicant asked the victim to rest in the bed-room while her friends returned. It is then alleged that the applicant and his two friends committed rape on her.

Fearing the outcome of the act, the prosecutrix did not reveal the incident or the fact that she was pregnant, to her mother. It was only when she had pain in her stomach on December 5, 2018, her mother took her to the hospital and it was revealed to her that the victim is pregnant.

After hearing submissions on behalf of the prosecution and the applicant, Court observed-

"The charge-sheet contains sufficient material against the applicant. The case against the applicant is serious one of committing gang rape by three persons and taking advantage of a situation of a poor helpless victim girl. The applicant has indulged into an act of rape. The mere fact that the DNA report does not support the paternity is not ground to release the applicant at this stage. There is every likelihood that he will pressurize the victim girl once being released on bail. The fact that he is a young boy itself is not sufficient to release him on bail, in light of the material collected by the investigating agency against him. No case for his release on bail is made out."

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